Team  SoOLEGAL
Legal Research Question: Dissolution of office bearers of a society
Team SoOLEGAL 17 Aug 2020

Legal Research Question: Dissolution of office bearers of a society

Research Question

1. Can the term of President, Secretary and Board Members in Apartment Owners Association be dissolved before the end of their tenure? If so under what conditions can the dissolution be done?

- Yes, the term of the above-mentioned people can be dissolved before the completion of their respective tenures. The West Bengal Co-operative Societies Act, 2006 in its Section-20(d)(vi) & (vii) describes that a society must make by-laws which provide for the circumstances under which the membership of an office bearer ceases to exist and further it lays out that the by-laws must also establish the appropriate procedure in that regard. 

- Also as mentioned below Section-44 and 45 of the West Bengal Co-operative Society Rules, 2011 lays out circumstances/conditions under which the membership in a society will cease to exist.

Section-44 and 45 of West Bengal Co-operative Society Rules, 2011



Furthermore, Section-28 West Bengal Societies Registration Act, 1961 lays down disqualifications for being a member of the governing body. It also implies that if the said member becomes an insolvent or is convicted under any offence in accordance with the section during his tenure, he is liable to be dissolved off that position.

Section-28 of West Bengal Societies Registration Act, 1961.

The excerpt of the grounds mentioned below are taken from the by-laws of Jayrambati Ramkrishna Sarada Primay Teachers’ Training Institution which is registered under the West Bengal Societies Registration Act, 1961

Grounds of Cessation of membership


2. What would be the procedure that needs to be followed to dissolute the members?

- As mentioned above in the first question that Section-20(d)(v) & (vii) of The West Bengal Co-operative Societies Act, 2006 the by-laws of the society shall establish the appropriate procedure under which the expulsion proceedings of the said member be carried out. For reference purposes, the below mentioned expulsion procedure is also taken from the by-laws of Jayrambati Ramkrishna Sarada Primay Teachers’ Training Institution which is registered under the West Bengal Societies Registration Act, 1961

Expulsion procedure



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